Friday, February 27, 2009

You will remember in our last letter of 21st November 2008, that there was to be a public enquiry to hear the appeal by T&S Multiservices against Thurrock Council’s Enforcement Notice. This took place on 6th and 7th January 2009 and the Inspector came back with a decision on 12th February 2009. His decision was that “The appeal is dismissed and the enforcement notice upheld.”

His conclusion was as follows:“Overall I consider that the Green Belt would be harmed by reason of the proposed development being inappropriate and by a loss of openness. Moreover, the appellant has not submitted any material considerations sufficient to outweigh that harm. Very special circumstances justifying a departure from Green Belt policy do not exist. I therefore conclude that it would not be acceptable having regard to the strict control of new development in the Green Belt contained in national and local policies. It would also be at conflict with the aforementioned policies of the TBLP and the appeal should fail.”

The appeal decision upholds the enforcement notice served by Thurrock Council on 18th April 2008 which requires T&S Multiservices to:

(i) Cease the use of the land for a depot for an asbestos removal company, office, the parking of vehicles, trailer units and other materials associated with the asbestos removal business and open storage of scaffolding, building materials.(ii) Remove from the land, all vehicles, trailer units and other materials associated with the asbestos removal business and scaffolding, building materials and other materials.

The period of compliance given is three months which means they must comply by 11th May 2009.

However T&S Multiservices have the option of an appeal to the High Court. The appeal decision can only be challenged on legal grounds and to be successful they would have to show that:

This challenge would have to be made within 28 days. If they challenge and lose, then they would have to bear all costs associated with the case, which could run into a significant amount of money.

A major battle has been won but the war is not over yet. We continue to hold meetings and liaise with Thurrock Council to ensure that we achieve the results that all residents want.

We would like to take this opportunity of thanking all those people who managed to attend the appeal hearing and in particular Councillor Barrie Lawrence, Mr. Chris Saville and Mr. D.A. Duke (OCRAG chairman) who spoke on our behalf, and Thurrock Council’s legal team.

For anybody wanting further information please contact us on our Freephone number 0800 083 2596 or e-mail ocrag@live.co.uk and we shall get back to you.